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Expert Analysis

'Accident' Remains Open To Interpretation

Law360, New York (June 21, 2013, 12:25 PM EDT) -- The Fourth Circuit Court of Appeals' recent reversal of the district court (Johnson v. Am. United Life Ins. Co. (4th Cir. May 24, 2013)), reversing Johnson v. AUL (M.D.N.C. 2012), illustrates the never-ending struggle to define the word "accident" in a situation involving a driver who intentionally becomes highly intoxicated and intentionally drives, knowing the inherent dangers, yet probably does not intend to crash, sustain injury and/or perish. As recognized by the court in the seminal case, Wickman v. Northwestern Nat'l Ins. Co., 908 F. 2d 1077, 1087 (1st Cir. 1990), the word "accident" eludes articulation, particularly in this scenario....

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